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Will of Francis Whitelock of Bellerby, Yorkshire

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Will of Francis Whitelock of Bellerby, Yorkshire WILL OF FRANCIS WHITELOCK OF BELLERBY, YORKSHIRE This is the last Will and Testament of me Francis Whitelock of Bellerby in the parish of Spennithorne in the County of York, Yeoman. To my dear wife Elizabeth Whitelock her Executors administrators and assigns I give and bequeath all and every my Household Goods and Furniture Plate Linen and all other my moveable effects, except my Money and securities for money and a large silver Tankard which shall or may be in or about my Dwelling house at the time of my decease. To my oldest son Peter Whitelock of Bellerby aforesaid Yeoman, I give and bequeath my said large Silver Tankard and all and every my Messuages Lands Tenements Hereditaments and real Estates situate at Bellerby aforesaid and at Leyburn and Harmby in the said County of York and elsewhere: and also all and every my Monies and Securities for Money Goods Chattels and personal Estate whatsoever [not hereinbefore disposed of] To hold to my said son Peter Whitelock his Heirs Executors administrators and assigns absolutely forever charged and chargeable in the first place with the payment of all my just Debts and funeral expenses and the charges of proving and registering this my will and also further charged and chargeable with the payment of the annuities and legacies hereinafter mentioned. To my dear wife the said Elizabeth Whitelock I give and bequeath the annuity or Yearly Sum of fifty pounds of lawful English money to be paid to my said wife or her assign by my said son Peter Whitelock his Heirs Executors and administrators yearly and every year during the Term of her natural Life by four equal quarterly payments, to wit, on the fifth day of January, the fifth day of April, the fifth day of July and the fifth day of October in every year, the first quarterly payment to become due and be paid on such of the said days as shall first happen next after my decease. To my grandson Francis Edward Whitelock, son of my late Son Edward Whitelock deceased, I give and bequeath the annuity or Yearly Sum of twenty pounds to be paid to him my said Grandson or for his use by my said Son Peter Whitelock as and for his Clothing Maintenance and Education until he my said Grandson shall attain the age of twenty one years and upon my said Grandson Francis Edward Whitelock attaining his age of twenty one years I will and direct that the said annuity shall cease and be no longer paid or payable. I also give and bequeath to my Daughter Ann the Wife of Michael Robinson of Bellerby aforesaid Yeoman the Legacy or Sum of six hundred and fifty Pounds, and to my Daughter Elizabeth the Wife of John Robinson of Downholme in the said County of York Yeoman, I give and bequeath the Legacy or Sum of seven hundred and fifty Pounds which said Legacies I will and direct shall be paid to my said Daughters or their respective personal representatives at the expiration of twelve calendar months next after my decease. To my Granddaughter Mary Armstrong Daughter of my late Daughter Catherine Armstrong deceased, I give and bequeath the Sum of two hundred and fifty to be paid to her my said Granddaughter on her attaining the age of twenty one years and in case my said Granddaughter shall happen to die under the age of twenty one years, without leaving lawful issue, then I give the said Sum of two hundred and fifty pounds to my said Son Peter Whitelock and my said Daughters Ann Robinson and Elizabeth Robinson to be divided in three equal shares amongst them or their respective personal representatives Provided always nevertheless that it shall and may be lawful to and for my said Wife Elizabeth Whitelock and her assigns when and as soon as she shall become entitled to receive the said annuity hereinbefore by me given to her as aforesaid in case of Failure or non payment of the said annuity or any part thereof within twenty Days of the respective Days or times on which the same shall become due and payable from time to time [as often as occasion shall require] into or upon all or any part of my said Messuages Lands Tenements Hereditaments and real Estates situate at Bellerby Leyburn and Harmby aforesaid to enter and distrain and the Distress and Distresses then and there found to take load drive carry away and impound to detain and keep, or otherwise to sell dispose thereof according to the due course of Law until she be fully satisfied and paid the said annuity and all arrears thereof and all costs charges and expenses occasioned by such non payment as aforesaid and lastly I do hereby nominate constitute and appoint my said Son Peter Whitelock residuary Legatee and sole Executor of this my last Will and Testament hereby revoking all former Wills by me at any time heretofore made. In witness whereof I have hereunto set my Hand and Seal the thirty first Day of May in the year of our Lord one thousand eight hundred and twelve. Francis Whitelock Signed sealed published and declared by the said Francis Whitelock the Testator as and for his last Will and Testament in the presence of us, who in his presence at his request and in the presence of each other have subscribed our names as witnesses thereto Christopher Topham, Ann Thistlewaite, Lydia Allison 3rd June 1813 So sealed published and declared by the said Francis Whitelock the Testator as and for his last Will and Testament in the presence of us who in his presence at his request and in the presence of each other have subscribed our names as witnesses thereto the words “two” and “Fifty”in the twenty fifth line and “two” and part of word “fifty” in the twenty eighth line of this Will, being first wrote upon erasures. Christopher Topham, Ann Thistlewaite, Lydia Allison 6th July 1816 On which day personally appeared before me Peter Whitelock the within named Executor and was sworn duly to administer the Goods Chattels and Credits of the within named Testator and that they did not at his decease to the best of his knowledge and belief amount to the sum of one thousand pounds. C Readshaw Surrogate ----- This Will was transcribed by Jennifer Oswald-Sealy of Australia and is one of several Yorkshire Wills that Jennifer has shared with us. I was particularly interested to see this one as the Peter Whitelock shown as the eldest son of Francis Whitelock headed a long researched family shown at the end of the WHITLOCK12 chart as “Also from Yorkshire”. This Peter Whitelock was born about 1764 and died at Downholme, Yorkshire October 1, 1828. The first references to this family was sent to me in 1970 by Professor Dorothy Whitelock of Cambridge, England. Professor Whitelock’s rough chart of her family [X0075] showed that she knew her grandfather was Peter Whitelock and he had a brother Francis and that their ancestors were Francis & Peter Whitelock. This Peter Whitelock who was the father of Professor Whitelock’s grandfather was the one born about 1764. His father Francis Whitelock was born in 1736. While Professor Whitelock actually had the last two ancestors reversed, the chart she sent me in 1970 traced back this far and remained the limit of our knowledge on this family until this Will was sent in by Jennifer. The family now is extended back several more generations and shows the strong connection between the Ellerton and Whitelock families. Francis Whitelock b.1736 married Elizabeth Ellerton in 1761. His parents were Christopher Whitelock and Catherine Ellerton married 1729. Christopher’s parents were Christopher Whitelock & Elizabeth Harland married 1700. (His first wife was Ann Ellerton married 1697 and two of his sisters also married Ellertons). The last Christopher was the son of George Whitelock who was likely born in the 1630's. It wasn’t until 2012 when Vicky House discovered the photographs of the Whitelock graves at Downholme on www.dalesgenealogy.com that we got the estimated birthdate of 1764 for Peter Whitelock. For some reason we have not been able to find a record of Peter Whitelock’s birth. We have his parents, Francis Whitelock & Elizabeth Ellerton married at Downholme in 1761 and the birth of several children 1762 to 1773 but we did not know Peter Whitelock was their son until we received Francis Whitelock’s will where he is shown as his eldest son. With this Will everything else fell into place confirming the information contained on the family tree done by Professor Dorothy Whitelock in 1970. This is the sixth incidence in the past two years of us solving a 30 to 40 year mystery using a Will. The pooling of Whitlock research collected over the past 48 years is yielding amazing results!! SOURCES: R3754, PH1399; X0075.
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